Bupa

Terms & Conditions

INTRODUCTION

These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry instructions are deemed to form part of the Terms and Conditions and by participating, all entrants will be deemed to have accepted and be bound by the Terms and Conditions. Please retain a copy for your information.

  1. THE PROMOTER (OR “WE”)
    1. “Bupa” [Bupa Investments Limited, 1 Angel Court, London, EC2R 7HJ, Comp. No 00902253]
  2. DATA CONTROLLER  
    1. “Pretty Green” [5th Floor, Fergusson House, 3rd Floor Paternoster House, 65 St Paul's Churchyard, London, EC4M 8AB, Comp. No 06594155]
  3. DATA PROCESSORS   [PRIZE FULFILMENT AGENCY]
    1. “Another Way Prize Management” [48 St Gothard Road, London, SE27 9QP, Comp. No 13170570]
  4. This Competition is open to residents of the United Kingdom, including the Channel Islands and the Isle of Man, Spain, Mexico, Australia, and USA aged 18 or over, excluding anyone professionally associated with this Competition.
  5. No purchase necessary; however, internet access, device with camera, a valid bank account for the country of residence of the entrant and a valid email address are required. 
  6. Competition Period: Enter between 00:01 BST on the 21.05.24 and 23:59 BST on the 21.06.24 inclusive.
  7. To Enter: Entrants must visit BupaPictureOfHealth.com and complete the steps below to be entered into the Competition:
    1. Complete the online form to provide their details (name and email address) and upload their photo that represents their “Picture of Health” The photo must be in compliance with the Eligible Entry Guidelines stated in Clause 9 below.
    2. Click to accept these Terms & Conditions.
    3. Read and click to accept the Privacy Policy.
    4. Click to confirm that  their photo can be used in relation to the promotion of the Promoter and its services, including being displayed as part of the Picture of Health online gallery; and
    5. Click submit.
  8. Eligible Entry Guidelines: 
    1. The photo uploaded must be in the PNG or JPEG file format, and the photo size is a maximum file size of 5mb and a minimum of 1,200 pixels either width or height.
    2. Entrants confirm that they own all title, right and interest in and to the copyright in any photo they submit to the Competition, or, where they do not own all title, right and interest in and to the copyright, that they have obtained the prior written consent to submit the photo to the Competition from the copyright owner.
    3. Group photos can be entered, however entrants must obtain prior written approval from any other people in the photo, and from the next of kin for any deceased individuals featured, before submitting it to the Competition.  .
    4. Where an entrant submits a group photo featuring those under the age of 18 (“Minor/s”) and/or incapacitated person/s, entrants must obtain prior written approval from a person who is the parent or the legal guardian for that Minor/s and/or incapacitated person/s. The Data Controller may require proof of this to be produced by the entrant.
    5. Entrants hereby waive their moral rights, and confirm they have procured the waiver of any moral rights of any third parties in any photo they submit to the Competition.
    6. Entrants must only upload photos that do not infringe or violate the rights of any third party, including but not limited to, ownership, copyrights, trademarks, patents, logos, licensing rights, rights of publicity or privacy or any other intellectual property rights or any other requirements of applicable legislation.
    7. Entrants must not disparage the Promoter, or any other person or party affiliated with the Competition.
    8. Entries must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libellous.
    9. Entries must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
    10. By submitting a photo, each entrant agrees to grant the Promoter and the Data Controller a non-revocable, sub-licensable, worldwide, royalty-free licence to use the copyright and other intellectual property rights vesting in the Entry for all purposes connected with this Competition, including but not limited to display on the Promoter’s website, social channels,  in any publicity, advertisement or case study carried out by or on behalf of the Promoter in any manner or medium whatsoever, including print, broadcast or the internet and any other website of the Promoter or its agents/contractors/sub-licensees choosing and use of the Entry, or part(s) of the Entry in marketing materials relating to this Competition and up to 21st September 2024.
    11. Each entrant also grants the Promoter, its agents/contractors/sub-licensees and the Data Controller the right to moderate, edit, create derivative works, modify or remove any Entry in the Promoter’s or the [Data Controller’s] (or either of their agents or assignees’) sole discretion, in whole or in part, for display on the Competition website or in any materials relating to the Competition or the promotion of the Promoter and its services.
    12. By submitting a photo, each entrant confirms that neither themselves or any individual contained in the photos has been convicted or is currently facing a criminal conviction.
    13. By submitting a photo, each entrant agrees to the inclusion, publication, reproduction, modification and/or other use of the Entry in any media and on any platform, including on the Picture of Health online  gallery.
    14. Entrants must not use artificial intelligence to create their Entry. Entries identified or suspected to be created by any form of artificial intelligence will be disqualified.
  9. Our Rights:
    1. The Promoter, the Data Controller and their agents/contractors/sub-licensees will have content usage rights over any Entry submitted.
    2. The Data Controller reserves the right to make changes to Entries to make them suitable for the Picture of Heath online gallery. This may include, but is not limited to: converting to black and white, sharpening, cropping, resizing, or rotating. If you change your mind and would like your photo to be removed from the online Picture of Health online gallery, please email [email protected] stating your name, date of Entry and REQUEST TO REMOVE in the subject line. The Data Controller will then remove your photo as soon as reasonably possible.
    3. The Data Controller reserves the right to remove or refuse to post any Entries which do not comply with the Eligible Entry Guidelines of the Picture of Health online gallery. The Data Controller has the right to reject your Entry but you may have the opportunity to re-submit your photo, using the guidelines provided, and if so, you will be informed of this via the email address used on your Entry. This is a decision the Data Controller will strive to make fairly, but ultimately it is a decision that is solely up to the Data Controller to make.
    4. The Promoter and Data Controller reserve the right to:
      1. Take any action with respect to any Entry that we deem necessary or appropriate in our sole discretion if we believe that such Entry violates the Terms & Conditions, including the “Eligible Entry Guidelines”, infringes any intellectual property right or other right, threatens the personal safety of users of this website and the public or could create liability for the Promoter or the Data Controller or their agents/contractors or sub-licensees.
      2. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of this website when we determine law enforcement is the proper and appropriate means for addressing the offending use.
      3. Terminate your access to all or part of this website for any violation of these Terms & Conditions.
    5. You waive and hold harmless the Promoter and all associated agencies from any claims resulting from any action taken by the Promoter during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Promoter or law enforcement authorities.
  10. Maximum of 1 Entry is permitted per person during the Competition Period. Further entries can be added but these will not be entered into the competition.
  11. The Prize: There will be a total of 1 winner. The winner will win 1 x trip for the winner and a guest to Paris, France for the opening ceremony of the Paris 2024 Paralympics on the 28 August 2024 alongside the opportunity for your photo to be featured in the National Geographic magazine. The trip will include:
    1. 2 x return tickets for economy travel from the winner’s home country’s international airport/terminal to Paris, France for the winner and a guest, subject to availability and the Promoter’s discretion;
    2. 1 x return accessible private transfers from the airport to hotel on arrival and departure;
    3. Three night’s accommodation for two people at a 4-star, centrally located hotel subject to availability and the Promoter’s discretion; hotel stay must include Wednesday 28th August 2024;
    4. 2 x tickets to the Paralympic Opening Ceremony on Wednesday 28th August;
      1. 2 x  tickets to two additional Paralympic sporting events for the winner and one guest (4 tickets in total). The events will take place between the 28th August and 30th August 2024. The exact event, location and time will be communicated to the winner during winner communications and will be subject to availability and the Promoter’s discretion;
    5. 1 x dinner for two people at Edith restaurant;
    6. €250 spending money; and
    7. 2 x Paris Metro City Pass for three days.
  12. Further Prize Details and Conditions: 
    1. Guests must be aged 18 or over.
    2. The winner and their guest must travel together in both directions.
    3. Return transportation must start and end from the same starting location.
    4. Transfers from the winner’s home to the airport or train terminal are excluded.
    5. Once tickets have been issued, they are only valid for the flights or train dates and times agreed. No alternatives are available. Name changes to the flight or train once confirmed are not permitted.
    6. Airline seats are subject to availability.
    7. Check-in luggage may not be included in your flight ticket.
    8. The winner and their guest must abide by and are subject to the airline’s published Conditions of Carriage.
    9. Lounge passes and upgrades are not permitted. Flights cannot be used in conjunction with the Promoter's/any loyalty programme, any other discount, discount coupon(s) or voucher(s), promotion(s) or special offer.
    10. Hotel room will be entirely accessible should the winner require and accommodation is based on two people sharing a twin or double room on a bed and breakfast basis
    11. All elements of the Prize package must be taken as part of the same trip.
    12. The winner and their guest will require a passport valid for at least 6 months on date of travel; travel insurance is the responsibility of the winner and their guest. In the event the winner or their guest are unable to travel due to visa or other personal circumstances, no alternative tickets will be issued, and no compensation or other prize will be provided.
    13. The Prize will be forfeited if:
      1. the winner has not obtained all of the proper travel documents by the date specified by the Promoter;
      2. the winner has any immigration complications which prevent them from entering, leaving or travelling ; or
      3. the winner has any medical, legal or any other reason that would prevent them from accepting and participating in the Prize.
    14. It will be the winner’s and their guest's responsibility to take out at their own cost all relevant insurance (including but not limited to health and travel insurance, insurance for theft, loss and damage to property) which may be required or prudent to be taken.
    15. The Promoter will pay the cost of the standard room plus related room taxes.
    16. A valid credit or debit card will be required to check in to your room and will be used to guarantee any incidentals such as in- room calls or services.
    17. The winner is solely responsible for any additional charges incurred at the hotel during their stay, including, without limitation, costs of meals, drinks, additional nights and services together with related taxes.
    18. The winner must inform the Promoter of any wheelchair or any similar access needs.
    19. For the avoidance of doubt, the Prize does not include transportation, food, beverages, souvenirs, gratuities, car parking charges, excess baggage, additional excursions and attractions or any other costs of a personal nature (including spending money) that are not explicitly set out in these Terms and Conditions and neither the Promoter nor any provider of any part of the Prize will be responsible for any such costs.
    20. The winner is responsible for the behaviour of themselves and their guest whilst taking the Prize. The Promoter reserves the right in its absolute discretion to exclude the winner and/or their guest from participation in any aspect of the Prize if any party fails to comply with the directions of the Promoter or any companies associated with the Prize or if the winner and/or their guest acts in a manner that is dangerous to themselves or to the public or is, in the opinion of the Promoter, anti-social in any manner or which causes a disturbance or nuisance to others. Failure to comply with these Terms and Conditions may result in refused entry, or the ticket holders being required to leave the event/venue.
    21. The spending money will be paid via BACS to the winner.
    22. The winner is responsible for providing correct bank account details and the Promoter will not be liable for any payments made into the wrong bank account.
    23. The winner will be required to have a valid UK, Spanish, Mexican, Australian or American bank account.
    24. The date and time of the dinner will be subject to the winner’s discretion and availability. The winner will have to provide the Prize Fulfilment Agency with the dietary requirements of the winner and their guest during winner communications.
    25. Pictures and images used in connection with the Competition are for illustrative purposes only and might not reflect a true likeness of the Prizes. The Competition does not constitute an endorsement or recommendation of the products or services being offered as Prizes.
    26. The winner and guest may be subject to a name check against any Paralympics team, venue or sporting Banning Orders as well as the National Police Database for those who may be subject to a court banning order.
    27. The Prize will be arranged by email/phone between the Promoter’s Prize Fulfilment Agency and the winner. The Prize Fulfilment Agency will make all reasonable efforts to provide the winner with details of the Prize at the earliest possible opportunity and to provide any accessibility support needed for the Prize. The Promoter will have final discretion on all elements and aspects of how the Prize is organised. Once the Prize details including dates and location are confirmed, this cannot be amended or altered by the winner.
    28. The winner and guest must abide by the event Terms & Conditions available at hospitalitytravelpackages.paris2024.org/discover/purchase-policy?language=en
  13. Winner Selection: All valid Entries received during the Competition Period (subject to moderation) will be independently judged by a panel of judges, including an independent party, within 10 working days from the close of the Competition Period to select 1 provisional winner based on the following criteria:
    1. Originality (out of 10);
    2. Relevance to brief (out of 10); and
    3. Creativity (out of 10).

The highest scoring entrant will be deemed the provisional winner.

  1. Winner Notification: The provisional winner will be contacted via the email address provided with the Entry within 5 working days of Winner Selection and will be asked to provide evidence of identity and eligibility. Reasonable efforts will be made to contact the provisional winner. Once eligibility has been confirmed, the provisional winner will be confirmed as the winner. If the provisional winner does not respond to the initial contact within 14 days, we reserve the right to disqualify the entrant and award the Prize to a reserve selected in the same manner. Reserve winner may have less time to respond.
  2. Prize Acceptance: Notification to arrange fulfilment of the Prize will take place within 14 days of acceptance of the Prize. In the unlikely event that the winner has not received communication to arrange their Prize the winner must inform the Data Controller by emailing [email protected]. If the winner does not do so, the Promoter reserves the right to not reissue the Prize at its sole discretion.
  3. Moderation: The Data Controller reserves the right to reject Entries which, in the reasonable opinion of the Data Controller:
    1. are in breach of the Terms & Conditions;
    2. contain any content that is offensive, harmful, objectionable or which is otherwise unsuitable for publication including with respect to race, religion, origin or gender, or which could reflect negatively upon the name, reputation or goodwill of the Promoter or any brand partner;
    3. contains or refers to any unauthorised third-party brand or reference any third-party names, logos and/or trademarks;
    4. promotes any political agenda.
    5. contain defamatory, malicious, indecent or other inappropriate content including sexist or racist language or imagery;
    6. include the names, likenesses, photographs or similar of any individual without their express permission;
    7. contain immoral or obscene behaviour;
    8. condone or encourage violent or anti-social behaviour;
    9. cause offence on the ground of religion, gender, sexual orientation, nudity, disability or age;
    10. represent a danger to health and safety or cause fear or distress;
    11. contains any AI image generated content.
  4. Provided no objection is received from the winner, a winner list containing the surname and county of residence of the winner will be made available by the Data Controller 4 weeks after the close of the Competition Period, for a period of 8 weeks. It will be available by emailing [email protected]. Winner can object to their details being published during the Winner Notification process. Without prejudice, the Promoter will provide winner information to the Advertising Standards Authority when requested by them.
  5. The Promoter may request that the winner participates in publicity arising from the Competition. Participation is at the winner’s discretion and is not a condition of Prize Acceptance.
  6. The Promoter seeks to run a fair and secure promotion and prevent abuse and cheating. If you enter in a way that is not consistent with these Terms & Conditions, your Entry (and any of your associated aliases) will be disqualified. Any Prize awarded may be void and recoverable, and the Promoter reserves the right to bar you from entering future promotions for a period of at least six months. For this reason, the Promoter and the Data Controller reserve the right at any point to:
    1. Verify the eligibility of entrants and/or provisional winner through multiple means by requesting such information it consider reasonably necessary for this purpose. Entry or a Prize may be withheld until verification is completed.
    2. Disqualify Entries that are not made directly by the individual entering the Competition.
    3. Disqualify Entries made using anonymous email services such as, but not limited to, GuerillaMail, Dispostable or Mailinator.
    4. Disqualify bulk Entries from individuals, trade, consumer groups or third parties, incomplete Entries and Entries submitted by macros or other automated means.
    5. Disqualify Entries beyond the maximum allowed, or those using techniques such as ‘script’, ‘brute force’, masking identity by manipulating IP addresses, using aliases or identities other than their own or any other means.
    6. Disqualify entrants who tamper with the entry process.
    7. Disqualify Entries which, in some other way, do not meet the requirements of these Terms & Conditions.
    8. Cancel, modify or suspend the Competition should it not be capable of running as planned for reasons including but not limited to tampering, unauthorised intervention, fraud, dishonesty, technical failures, or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition.
  7. The Prize is not transferable or exchangeable and cannot be redeemed for monetary value or for any other form of compensation. If for any reason the Prize and/or any element of the Prize is not available, the Promoter reserves the right, at its sole discretion to substitute that Prize or element of the Prize for another of equal or greater value.
  8. No responsibility can be taken for Entries which are lost, delayed, corrupted, damaged, misdirected or incomplete or which cannot be delivered for any technical, delivery or other reason. Proof of sending will not be accepted as proof of receipt. The Promoter does not guarantee continuous or secure access to BupaPictureOfHealth.com.
  9. All personal data supplied for this Promotion will be used for the purpose of this Promotion by the Promoter, the Data Controller and/or by any agent appointed by it to assist with running the Promotion and will not be disclosed to an unconnected third party unless your positive consent has been obtained. Your personal data will be handled in accordance with the Data Controller’s privacy policy, available at: bupapictureofhealth.com/privacy.
  10. The Promoter and its associated agencies and companies are not liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Competition (JS14467) or accepting or using the/a Prize(s), except for any liability which cannot be excluded by law.  Nothing will exclude the Promotor’s liability for death or personal injury as a result of its negligence.
  11. The Promoter will not be liable for any delay or failure to comply with its obligations, including without limitation the provision of the Prize, for reasons beyond its reasonable control arising from but not limited to Acts of God, global or regional epidemic or pandemic, adverse weather conditions, fire, industrial dispute, strike, war, terrorist activity, hostilities, political unrest, riots, civil commotion, plague or other natural calamities, or any other circumstances.
  12. If any part/s of these Terms & Conditions are legally ruled to be invalid, illegal or unenforceable, the remainder will not be affected and will continue in full force and effect.
  13. By entering, you will be deemed to have agreed to be bound by these Terms & Conditions.
  14. If there is a discrepancy between these Terms & Conditions and those in any promotional material, these Terms & Conditions will prevail.
  15. These Terms and Conditions shall be governed by the law of the relevant country for each entrant, and entrants submit to the exclusive jurisdiction of the courts of the relevant country they reside in. 

Promoter: Bupa Investments Limited, 1 Angel Court, London, EC2R 7HJ.